Repair
Wim Overbeek Agricultural Loaders B.V.
Terms and conditions
1. Applicability
Article 1.1: These general terms and conditions apply to all offers made by Wim Overbeek Agricultural Loaders BV, hereinafter referred to as “Overbeek”, agreements concluded with Overbeek and assignments given to Overbeek, as well as to all resulting rights and obligations; Any general terms and conditions of the client apply to transactions with Overbeek if Overbeek has agreed to them in writing.
Article 1.2: Agreements and commitments that deviate from the content of these terms and conditions can only bind Overbeek if they have been expressly confirmed in writing by Overbeek.
2. Offers / Assignments
Article 2.1: All offers made by or on behalf of Overbeek are without obligation and can always be withdrawn, as long as assignments given on those offers have not been accepted by Overbeek, unless expressly stated otherwise. The validity period of an offer is in principle 30 days, unless otherwise agreed.
Article 2.2: Orders given to Overbeek, either directly or through representatives or other intermediaries, are only binding on Overbeek after written confirmation of acceptance by the latter.
Article 2.3: In cases where agreements with Overbeek are of a recurring nature, they are only binding for the period specified by Overbeek.
Article 2.4: If and after an order has been placed with Overbeek and accepted by the latter, or if an agreement has been concluded with Overbeek, it can only be changed and/or cancelled with the permission of Overbeek and under the conditions to be set by Overbeek.
Article 2.5: All sales are made on the express condition that Overbeek is entitled to charge the buyer for any increase in costs charged by third parties. In case of cancellation, the client must compensate Overbeek for its incurred loss or lost profit, unless otherwise agreed.
3. Delivery, risk, liability
Article 3.1: All deliveries take place ex warehouse Overbeek, unless otherwise agreed.
Article 3.2: If the delivery of goods, including parts, services and machines, is part of the order, these goods are at the expense and risk of the buyer/client from the moment the goods have left the Overbeek company, unless expressly agreed otherwise. The transport, including the loading and unloading of the sold goods, is at the expense and risk of the buyer/client. If free delivery has been agreed, the cheapest method of shipment will always be followed unless otherwise agreed in advance. In any other method of shipment, the additional costs will be borne by the client.
Article 3.3: The assignment will be carried out by Overbeek within the agreed timeframe, unless Overbeek is prevented from ensuring timely performance due to a non-attributable shortcoming (force majeure). Overbeek will notify the client when the assignments will be carried out, while the client will immediately receive notification from Overbeek of a case of impediment due to a non-attributable shortcoming. Stated delivery times will never be considered as a strict deadline, unless expressly agreed otherwise. In case of late delivery, Overbeek must therefore be given written notice of default.
Article 3.4: Upon receipt of the goods, the client/buyer shall check and declare in writing that they have received the goods in good condition, complete with all accessories and, where necessary, an instruction manual/instructions. Any complaints must be reported immediately upon delivery to Overbeek. Thereafter, objections can only be submitted in writing and with reasons to Overbeek within eight days of delivery, if it is made plausible that the complaints could not have been detected earlier; later objections do not need to be processed by Overbeek.
Article 3.5: Submitting objections to Overbeek never gives the right to suspend payment of the invoice.
4. Retention of title
Article 4.1: If the delivery of goods is part of the assignment, the delivered goods remain the property of Overbeek until the purchase price applicable thereto, as well as the purchase price of other deliveries, has been paid in full to Overbeek. Until that moment, Overbeek has the authority to repossess the delivered goods, wherever they may be located. The client/buyer must give Overbeek the opportunity to do so. Delivered goods for which the applicable purchase price has not been paid in full may not be handed over or made available to third parties by the buyer, under any name whatsoever.
5. Payment
Article 5.1: All payments must be made within 14 days. However, payment for parts/machines must be made before or upon delivery.
Article 5.2: For assignments that require a long processing time, or partial delivery, which also includes the delivery of parts of a composite order, interim invoicing may occur and payment may be requested in installments.
Article 5.3: In case of late payment of any amount owed by the buyer/client to Overbeek, the buyer/client shall be in default and in arrears by the mere fact of late payment, without any demand and/or notice of default from Overbeek being required.
Article 5.4: If Overbeek proceeds to collect any amount due to it through third parties, the buyer/client shall owe Overbeek compensation for all costs incurred, which shall be fixed in accordance with the collection tariff of the Dutch Bar Association, without prejudice to the statutory legal costs that the court will impose if legal proceedings are initiated.
Article 5.5: The buyer/client cannot invoke set-off, discount or deduction. He is never permitted to suspend payment in connection with alleged unsoundness or defects of the item sold/assignment performed by Overbeek.
Article 5.6: In case of untimely payment of a due amount by the buyer/client, all other amounts due shall become immediately and forthwith payable, while in that case Overbeek is entitled to suspend or declare dissolved all further agreements not or not fully executed, without prejudice to the right to claim compensation for damages and lost profit.
Article 5.7: The buyer/client shall automatically owe Overbeek the statutory interest on the amount of the claimable debt from the day of default.
Article 5.8: Payments made by the buyer/client shall always serve to settle all due interest and costs and subsequently outstanding invoices that have been open the longest, even if the buyer/client states that the payment relates to a later invoice.
6. Right of retention
Article 6.1: If Overbeek has goods belonging to the buyer/client, Overbeek has the right to suspend its obligation to hand over the goods in question until the buyer/client has paid what is owed to Overbeek.
7. Obligations of buyer/client
Article 7.1: Buyer/client is obliged to fully cooperate with Overbeek and provide assistance, which can promote optimal execution of the assignment, or remove obstacles to optimal execution.
Article 7.2: Buyer/client is obliged to indemnify Overbeek against all claims from third parties if the client has not fully fulfilled their obligations in this regard; in that case, the buyer/client cannot claim compensation for damages from Overbeek.
8. Warranty
Article 8.1: A warranty only applies if this has been agreed upon in writing. Any agreed warranties do not need to be processed if the buyer/client has not fully fulfilled their obligations.
9. Acceptance
Article 9.1: The client is obliged to accept the executed order immediately after completion or when it is available to the client at Overbeek, unless explicitly agreed otherwise in writing between the parties. This also applies to parts of the order.
Article 9.2: If, as a result of untimely acceptance, the order, after completion, has to be stored entirely or partially by Overbeek, the storage costs must be reimbursed by the client to Overbeek.
10. Disputes
Article 10.1: All agreements concluded with Overbeek are always governed by Dutch law; with regard to disputes, the ordinary civil court has jurisdiction.
11. Website
Article 11.1: All products on this website are offered without obligation and subject to prior sale. Stock levels on this website may differ from actual stock due to site updates.
Article 11.2: Prices on this website are exclusive of VAT, unless explicitly stated otherwise.
12. Liability
Article 12.1: Overbeek has business liability insurance. The liability of Overbeek arising from or related to the execution of an agreement is always limited to the amount for which the applicable business liability insurance provides coverage in the relevant case.
Article 12.2: If Overbeek makes an error that leads to liability, without there being (full) coverage under the business liability insurance, the liability is limited to an amount corresponding to twice the declared labor costs excluding VAT for the assignment from which the liability arises, however, maximized to the deductible in the concluded business liability insurance.
Wim Overbeek Agricultural Loaders B.V.
General terms and conditions
1. Applicability
Article 1.1: These general terms and conditions are applicable to all tenders made by Wim Overbeek Landbouwshovels BV, hereinafter referred to as “Overbeek”, agreements entered into with Overbeek and orders issued to Overbeek, as well as to all rights and obligations arising from them. Any general terms and conditions of the client are applicable to transactions with Overbeek provided that Overbeek has agreed to these in writing.
Article 1.2: Agreements and commitments that depart from the content of these terms and conditions can only be binding upon Overbeek if they have been expressly confirmed by Overbeek in writing.
2. Offers/Orders
Article 2.1: All tenders made by or on behalf of Overbeek are without obligation, and can always be withdrawn as long as orders granted on the basis of these tenders have not been accepted by Overbeek, unless expressly stated otherwise. The period of validity of a tender is in principle 30 days, unless agreed otherwise.
Article 2.2: Orders that are granted to Overbeek, either directly or via representatives or other intermediaries, are only binding upon Overbeek after a written confirmation of acceptance by Overbeek.
Article 2.3: In the event that agreements with Overbeek have a repetitive character, these are only binding for the period specified by Overbeek.
Article 2.4: If and after an order has been granted to and accepted by Overbeek, or if an agreement has been entered into with Overbeek, this can only be amended and/or cancelled with the consent of Overbeek and on the conditions to be stipulated by Overbeek.
Article 2.5: All sales will take place under the explicit condition that Overbeek is entitled to charge on any increase in costs charged by third parties to the buyer. In the event of cancellation, the client must reimburse Overbeek for its sustained loss or lost profit.
3. Delivery, risk, liability
Article 3.1: All deliveries will be made from the Overbeek warehouse, unless agreed otherwise.
Article 3.2: If the delivery of goods, including components, services and machines forms a part of the order, these goods will be at the buyer’s/client’s expense and risk from the time that they have left Overbeek’s plant, unless explicitly agreed otherwise. The transport, including the loading and unloading of the sold goods, will be at the buyer’s/client’s expense and risk. If delivery with carriage paid has been agreed, the most inexpensive method of delivery will always be used, unless agreed otherwise in advance. For every other method of delivery, the additional costs will be borne by the client.
Article 3.3: The order will be carried out by Overbeek within the agreed period, unless Overbeek is hindered in ensuring timely compliance by a non-attributable shortcoming (force majeure). Overbeek will inform the client of when the orders will be implemented, whereas the client will receive an immediate notification from Overbeek of a case of hindrance due to a non-attributable shortcoming. Stated delivery times will never be regarded as strict deadlines, unless expressly agreed otherwise. In the event of late delivery, Overbeek must therefore be given written notice of default.
Article 3.4: On receipt of the goods the client/buyer will verify and declare that he has received the items in good condition, complete with all accessories and where necessary with a user manual/instruction. Any complaints must be reported to Overbeek immediately on delivery. Objections can subsequently only be submitted to Overbeek in writing, stating reasons, within eight days of delivery, if a plausible case is made that the complaints could not have been stated earlier; later objections do not have to be taken up by Overbeek.
Article 3.5: The submission of objections to Overbeek never gives an entitlement to suspend payment of the invoice.
4. Retention of title
Article 4.1: If the delivery of goods forms a part of the order, the delivered items remain the property of Overbeek until the time at which the applicable purchase price, and also the purchase price of other deliveries, have been paid to Overbeek in full. Until that time, Overbeek has the authority to reclaim the delivered items, wherever they are located. The client/buyer must provide Overbeek with the opportunity to do so. Delivered goods for which the applicable purchase price has not been paid in full may not be submitted to or made available to third parties, under any description whatsoever.
5. Payment
Article 5.1: All payments must be made within 14 days. Payment for components/machines, however, must be made before delivery or on delivery.
Article 5.2: For orders that require a long processing time, or partial delivery, including the delivery of components of a composite order, can be invoiced in the interim and payment in instalments can be required.
Article 5.3: In case of late payment of any amount payable by the client/buyer to Overbeek, the client/buyer is in breach of contract and in default due to the mere fact of late payment, without a demand or notice of default to this end being required on the part of Overbeek.
Article 5.4: If Overbeek proceeds with the recovery of any amount due to it via third parties, the buyer/client is liable to reimburse Overbeek for all expenses to be incurred, which will be fixed on the basis of the collection rates of the Netherlands Bar Association, without prejudice to the statutory legal costs that the court may impose if legal proceedings must be instituted.
Article 5.5: The buyer/client cannot make claim to any compensation, discount or deduction, nor is he ever permitted to suspend payment in connection with any alleged unsoundness or defect of the item sold or order implemented by Overbeek.
Article 5.6: In the event of late payment of an amount payable by the buyer/client, all other payable amounts will become immediately due and payable, while in that case Overbeek is entitled to suspend or declare as dissolved all further agreements that have not or have not fully been implemented, without prejudice to the right to claim compensation for the damage and lost profit.
Article 5.7: The buyer/client must pay to Overbeek the statutory interest on the amount of the due and payable claim from the day of default.
Article 5.8: The payments made by the buyer/client will be used to settle all payable interest and costs, and then the due and payable invoices that have been outstanding the longest, even if the buyer/client states that the payment relates to a later invoice.
6. Right of retention
Article 6.1: If Overbeek is in possession of goods of the buyer/client, Overbeek is entitled to suspend its obligation to surrender the goods in question until the payment of that which is payable by the buyer/client to Overbeek.
7. Obligations of the buyer/client
Article 7.1: The buyer/client is obliged to grant Overbeek all cooperation through which an optimal implementation of the order can be advanced, and/or impediments to an optimal implementation can be removed.
Article 7.2: The buyer/client is bound to indemnify Overbeek against all claims of third parties if the client has not fully complied with all his obligations by this reason; in that case the buyer/client cannot claim any reimbursement for damage by Overbeek.
8. Guarantee
Article 8.1: A guarantee will only exist if this is agreed in writing. Any agreed guarantees do not have to be dealt with if the buyer/client has not fully complied with his obligations.
9. Taking delivery
Article 9.1: The client is obliged to take delivery of the completed order immediately after its completion, or its presence at Overbeek at the disposal of the client, unless explicitly agreed otherwise between the parties in writing. This also applies to parts of the order.
Article 9.2: If as a result of delivery being taken late the order must be wholly or partly stored by Overbeek after completion, then the storage costs must be reimbursed to Overbeek by the client.
10. Disputes
Article 10.1: Dutch law is always applicable to all agreements entered into with Overbeek; the ordinary civil court is competent in respect of disputes.
11. Website
Article 11.1: All products on this website are offered wholly without obligation and provided that they are unsold. Stocks shown on this website can differ from the actual stocks in connection with the updating of the website.
Article 11.2: Prices shown on this website are exclusive of VAT, unless explicitly stated otherwise.
12. Liability
Article 12.1: Overbeek has business liability insurance. The liability of Overbeek arising from or connected with the implementation of an agreement is always limited to the amount to which the applicable business liability insurance gives entitlement.
Article 12.2: If an error is made by Overbeek that leads to liability, without (full) cover existing by virtue of the business liability insurance, the liability is limited to an amount equal to twice the declared labour costs excluding VAT for the order from which the liability arises, but with a maximum of the excess of the business liability insurance taken out.
Wim Overbeek Agricultural Loaders B.V.
General Terms and Conditions
1. Scope
Article 1.1: These general terms and conditions apply to all offers submitted by Wim Overbeek Landbouwshovels BV, hereinafter referred to as “Overbeek”, contracts concluded with Overbeek, and orders placed with Overbeek, as well as all resulting rights and obligations. Any general terms and conditions of the client shall only apply to transactions with Overbeek if Overbeek has agreed to them in writing.
Article 1.2: Agreements and assurances that deviate from the content of these general terms and conditions are only binding on Overbeek after express written confirmation by Overbeek.
2. Offers/Orders
Article 2.1: Unless expressly stated otherwise, all offers submitted by Overbeek itself or on behalf of Overbeek are non-binding and can be withdrawn at any time, as long as the orders subsequently placed based on these offers have not been accepted by Overbeek. Unless otherwise agreed, offers remain valid for 30 days.
Article 2.2: Orders placed with Overbeek directly or through representatives or other intermediaries are only binding for Overbeek after written confirmation of acceptance.
Article 2.3: Insofar as contracts with Overbeek are of a recurring nature, they are only binding for the period specified by Overbeek.
Article 2.4: As soon as and after an order has been placed with Overbeek and accepted, or as soon as a contract has been concluded with Overbeek, changes or cancellation can only be made with the consent of Overbeek and under the conditions specified by Overbeek.
Article 2.5: All sales are made on the express condition that Overbeek is entitled to pass on any increase in costs charged by third parties to the buyer. Unless otherwise agreed, in the event of cancellation, the client must compensate Overbeek for any loss incurred or profit lost.
3. Delivery, Risk, Liability
Article 3.1: Unless otherwise agreed, all deliveries are made ex warehouse of Overbeek.
Article 3.2: Should a delivery of goods, including components, services and machinery, be part of the order, these goods, unless expressly agreed otherwise, shall be at the expense and risk of the buyer/client as soon as the goods have left the Overbeek company. The transport, including the loading of the sold goods, is at the expense and risk of the buyer/client. If carriage paid delivery has been agreed, unless otherwise agreed in advance, the cheapest shipping method will always be chosen. For any other shipping method, the additional costs will be borne by the client.
Article 3.3: The assignment will be carried out by Overbeek within the agreed period, unless Overbeek is prevented from timely fulfillment by an event beyond its control (force majeure). Overbeek will inform the client when the assignments will be carried out. In the event of an impediment due to an event beyond its control, the client will be immediately notified by Overbeek. Unless expressly agreed otherwise, the stated delivery times are indicative. In the event of late delivery, Overbeek must therefore be given written notice of default.
Article 3.4: Upon receipt of the goods, the client/buyer inspects the goods and declares in writing that they have received the goods in good condition and complete with all accessories and, where necessary, an instruction manual/guide. Any complaints can be reported to Overbeek immediately upon delivery. Afterwards, Overbeek complaints can only be submitted in writing and with reasons within eight days of delivery, provided it can be credibly demonstrated that the defects could not have been discovered earlier. Later complaints do not have to be processed by Overbeek.
Article 3.5: The submission of complaints to Overbeek in no way entitles the client to refuse payment of the invoice.
4. Retention of title
Article 4.1: If the order includes the delivery of goods, the delivered goods remain the property of Overbeek until Overbeek has received the full purchase price for them, as well as the full purchase price for other deliveries. Until that time, Overbeek is authorized to repossess the reserved goods, wherever they may be located. The client/buyer must provide Overbeek with the opportunity to do so. Delivered goods for which the applicable purchase price has not been fully paid may not be handed over or made available to third parties by the buyer under any designation.
5. Payment
Article 5.1: All payments must be made within 14 days. However, payment for components/machines must be made before or upon delivery.
Article 5.2: For orders that require a long processing time, or for partial deliveries, including the delivery of parts of a composite order, an interim invoice may be issued and payment in installments may be requested.
Article 5.3: In the event of late payment of any amount owed by the Buyer/Client Overbeek, the Buyer/Client shall be in default and in arrears solely by virtue of the fact that they have not paid on time, without any payment reminder or demand from Overbeek being required.
Article 5.4: Should Overbeek need to engage third parties to collect outstanding debts, the Buyer/Client Overbeek shall reimburse all incurred costs, which will be determined according to the collection tariff of the Dutch Bar Association (Nederlandse Orde van Advocaten), as well as the statutory procedural costs prescribed by the court, should legal proceedings arise.
Article 5.5: The Buyer/Client cannot invoke set-off, discount, or any deduction. It is under no circumstances permitted to refuse payment due to an alleged lack of suitability or alleged defects of the goods sold/orders executed by Overbeek.
Article 5.6: If the Buyer/Client fails to pay an outstanding amount on time, all other outstanding amounts shall become due and payable immediately and Overbeek shall be entitled to suspend or cancel all further contracts that have not yet been or not fully performed, without prejudice to the right to claim compensation for damages and lost profit.
Article 5.7: The Buyer/Client shall automatically pay Overbeek the statutory interest on the overdue claims from the date of default.
Article 5.8: Payments made by the Buyer/Client shall always first serve to settle all accrued interest and costs and thereafter the outstanding invoices that have been due for the longest period, even if the Buyer/Client states that the payment is for a later invoice.
6. Right of retention
Article 6.1: If Overbeek has goods of the Buyer/Client in its possession, Overbeek has the right to suspend its obligation to return the goods in question until all debts of the Buyer/Client to Overbeek have been settled.
7. Obligations of the Buyer/Client
Article 7.1: The buyer/client is obliged to cooperate in every way that is conducive to an optimal execution of the order or by which obstacles to an optimal execution are removed.
Article 7.2: The buyer/client is obliged to indemnify Overbeek against all claims from third parties if the client has not fully fulfilled his obligations. In this case, the buyer/client cannot claim compensation from Overbeek.
8. Warranty
Article 8.1: A guarantee is only granted if this has been agreed in writing. Guarantees that may have been agreed do not have to be granted if the buyer/client has not fully fulfilled his obligations.
9. Acceptance
Article 9.1: The client is obliged to accept the order immediately after its completion or from the moment it becomes available to the client at Overbeek, unless the parties have expressly agreed otherwise in writing. This also applies to parts of orders.
Article 9.2: If the order has to be stored in whole or in part by Overbeek due to late acceptance after its completion, the client Overbeek must reimburse the storage costs.
10. Disputes
Article 10.1: All contracts concluded with Overbeek are always governed by Dutch law. In case of disputes, the civil court has jurisdiction.
11. Website
Article 11.1: All products on this website are offered entirely without obligation and subject to prior sale. The stock displayed on this website may differ from the actual stock due to the timeliness of the website.
Article 11.2: The prices on this website are exclusive of VAT, unless expressly stated otherwise.
12. Liability
Article 12.1: Overbeek has business liability insurance. The liability of Overbeek arising from or related to the performance of a contract is in any case limited to the amount that can be claimed under the concluded business liability insurance in the respective case.
Article 12.2: If Overbeek makes an error that leads to liability, without (full) coverage from the business liability insurance, the liability is limited to an amount equal to twice the stated labor costs excluding VAT for the assignment from which the liability arises, but with a maximum amount equal to the deductible of the concluded business liability insurance.